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| Passenger Terms & Conditions |
| 1. |
These Terms and Conditions set out the
terms on which you book and travel on any
cruise operated by Blue Line Cruises
Pty Ltd trading as Magistic
Cruises, Sydney Showboats and Cruising
Restaurants of Sydney (referred
to as “we” and “our” below). |
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| 2. |
At the time of booking a cruise, you
must pay for it in full. Once booked and
paid for, all cruise tickets are 100% non-refundable.
No agreement will arise between you and
Blue Line Cruises until we have received
payment at the time of booking in accordance
with this clause. |
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| 3. |
All cruise fares are quoted in Australian
Dollars and include Australian Goods and
Services Tax. |
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| 4. |
We reserve the right, if we consider
necessary, to substitute vessels without
notice (including any vessels of a third
party), deviate from a vessel’s advertised
route, change any menu, service, schedule,
program, performance or cruise fare. In
such circumstances, we will not be liable
to refund any fares or portions of fares,
nor will we be liable for any other damage,
loss, expense, loss of time, disappointment,
inconvenience, or any other consequential
loss suffered by you. |
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| 5. |
We will make every effort to cater for your special dietary requirements and allergies. If you have any special dietary requirements please inform our reservation staff upon placing your booking. However, due to the large operation, we cannot give a 100% guarantee that certain products will not be in our food, and the company explicably accepts no liability. For serious food allergies we wish our customers to make their own decisions on selecting their meals. Our staff comments are only to assist you in making an informed decision. In exceptional circumstances, if you or one of your guests wishes to bring their own meal we are happy to accommodate them. |
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| 6. |
Risk Warning |
| (a) |
Our cruises operate on busy waterways
and are subject to the risks and perils
of cruising on such waterways including
loss, damage and injury arising out of
or in connection with changing tidal and
weather conditions and the navigation of
other craft. To the extent permissible
by law, we will not be responsible in tort,
contract or otherwise for any loss or damage
arising out of injury or death sustained
by a passenger, howsoever arising and whether
or not arising as a result of our negligence
or failure to render due care and skill.
You enter into this agreement and book
and travel on our cruises at your
own risk. If however any terms,
conditions or warranties are implied into
this agreement by written law of the Commonwealth
or New South Wales, the exclusion of which
would contravene statute or cause part
or all of this clause to be void: |
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(i) We exclude all other terms, conditions
and warranties; and
(ii) Our liability for breach of such
term, condition or warranty is limited
to the supply of the relevant cruise
again or the cost of re-supplying the
cruise. |
| (b) |
We exclude all liability for any loss
or damage to clothing or personal items/belongings
howsoever arising and whether or not our
liability arises in tort, contract or otherwise. |
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| 7. |
Any claim for loss or damage must
be notified to Blue Line Cruises in writing
within seven (7) days from
the day the cruise finishes, and any court
action, suit or proceeding must be brought
no later than one (1) year from
the same day. If you fail to comply with
either of these conditions, we will be
forever discharged from all claims, suits,
actions and/or proceedings relating to
or arising out of or in any way connected
with the cruise and we will be discharged
from all liability whatsoever, including
any liability for negligence. |
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| 8. |
We may contract or arrange for third
parties to provide the whole or part of
the cruise and any related services to
you. You undertake that you will not bring
any claims or actions against such third
parties but if such claims or actions are
nevertheless made, you agree to indemnify
us and the person against whom the claim
or action is made against the consequences
of thereof. You agree that in entering
into this agreement, we are acting as the
agent of and trustee for each of our employees,
officers, agents and subcontractors, and
each of these persons is deemed to be a
party to the contract for the purpose of
entitling each and every one of them to
enforce, have the benefit of and rely upon
these Terms and Conditions. |
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| 9. |
This agreement is to be governed by and
is to be construed in accordance with the
laws in force in New South Wales. Any action,
claim, suit or proceeding arising out of
or connected in any way with this agreement
or the cruise will only be brought in the
Courts of New South Wales. |
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| 10. |
If any of these provisions is unenforceable,
this shall not affect the enforceability
of any other part of the provision or any
other provision. In the event of inconsistency
between these Terms and Conditions and
any other terms, these Terms and Conditions
shall exclusively apply. No waiver or variation
of this agreement will have binding effect
unless such waiver or agreement is in writing
and signed by an authorized officer of
Blue Line Cruises. |
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